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Paragraph 4 Circumstances in which a person is liable to meet housing costs

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

A person is liable to meet housing costs where—

(a)

the liability falls upon that person or that person's partner but not where the liability is to a member of the same household as the person on whom the liability falls;

(b)

because the person liable to meet the housing costs is not meeting them, the claimant has to meet those costs in order to continue to live in the dwelling occupied as the home and it is reasonable in all the circumstances to treat the claimant as liable to meet those costs;

(c)

in practice the claimant shares the housing costs with other members of the household none of whom are close relatives either of the claimant or the claimant's partner, and—

(i)

one or more of those members is liable to meet those costs; and

(ii)

it is reasonable in the circumstances to treat the claimant as sharing responsibility.

Notes on the whole SI

Textual amendments

F1

Section 3(3) is cited for the power to prescribe a payment under paragraph (b) of the definition of “pension payment”.

F2

Section 22 is cited insofar as it relates to paragraphs 1 to 3, 6, 7, 8(1), 9 and 10 of Schedule 2.

F3

Section 24(1) is cited for the definition of “employment” and “employed”, “period of limited capability for work”, “prescribed”, “regulations” and “week”.

F4

Paragraph 6(5) of Schedule 1 is cited for the definition of “couple”, “education” and “remunerative work”.

F5

2007 c. 5.

F6

1992 c. 5.

F7

1998 c. 14.

Notes on Schedule 6

Textual amendments

F1

Word in Sch. 6 heading substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 16(a)